scholarly journals Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor

2018 ◽  
Vol 1 (3) ◽  
pp. 583
Author(s):  
Euis Listianti ◽  
Umar Ma'ruf
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Power ◽  
The Law ◽  
The Right ◽  
Power Auction ◽  
Auction Procedure

In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Hak Notaris Menolak Pembuatan Akta yang Mengandung Unsur Riba dengan Alasan Menjalankan Prinsip Syariat

2020 ◽  
Vol 5 (2) ◽  
pp. 187
Author(s):  
Aditya Yudha Prawira ◽  
Haryanto Susilo
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Administrative Action ◽  
Legal Implications ◽  
Library Studies ◽  
The Creation ◽  
The Law ◽  
The Right ◽  
Right To Refuse

This study discussed the right of notaries to refuse the creation of deeds containing usuries by reasons of implementing the principles of sharia and the legal implications of notaries based on Article 16 Law on Notary Position. This study was normative research that used conceptual and legislation approaches. Data collection techniques used library studies. The analysis results showed that notaries had the right to refuse the creation of deeds containing usuries based on the theoretical, juridical, and philosophical aspects. Due to the law of notaries that refused the creation of deeds containing usuries, it violates Article Article 16 Law on Notary Position so that notaries could be subject to tieredly administrative action. The Law on Notary Position had not provided legal protection to notaries who practice their profession under the principles of sharia.

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

2020 ◽  
pp. 86-90
Author(s):  
Zhou Heng
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Public Officials ◽  
Standing Committee ◽  
The Status ◽  
Right To Vote ◽  
The Law ◽  
The Right ◽  
People's Congress

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

PENAHANAN PELAKU TINDAK PIDANA DI BAWAH UMUR OLEH PENYIDIK DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 3 TAHUN 1997 TENTANG PENGADILAN ANAK

2016 ◽  
Vol 2 (2) ◽  
pp. 157-170
Author(s):  
Adi Sujarwo ◽  
Endeh Suhartini ◽  
Ju Naidi
Keyword(s):  
Juvenile Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Actual Problem ◽  
Legal Perspective ◽  
Close Relationship ◽  
The Law ◽  
Police Detention ◽  
Almost All

Delinquency problem is the actual problem, in almost all the countries in the world, including Indonesia . Attention to this issue has a lot of thought poured out, either in the form of discussions and seminars which have been held by organizations or government agencies that close relationship with this problem. In a legal perspective, the problem of theft is a criminal act (delict) plaguing the society , in Article 362 Code of Criminal Law of the theft said, " Whoever took the goods wholly or partially belongs to another person , with intent to have unlawful , punishable due to theft, with a maximum imprisonment of 5 ( five ) years or a fine of nine hundred dollars. However, the rules of Article 362 Book of the Law of Criminal Law of the theft and criminal application against minors regulated in Article 26 paragraph (1), 27 and 28, paragraph (1) of Act No. 3 of 1997 on Juvenile Justice , stipulates that the maximum legal threats meted out to convicted child is ½ of the maximum threat of criminal provisions will apply. This study uses a normative approach , in that the data from the literature and from the field as input and information in order to obtain an answer. The results of this research that the detention of offenders under the age of 3 was associated with the Law No. 1997 on the Juvenile Justice conducted an investigation into juvenile delinquents by the investigator children who have an interest, attention, dedication and understanding the problem child. Legal protection of the child as a criminal in the process of investigation has not been in accordance with Law No. 3 of 1997 on Juvenile Justice. Police to interrogate suspected child should distinguish processes and work systems of the investigation and adult actors. Status of child offenders under the custody process by investigators in Bogor City Police Detention by the investigator or prosecutor young child or children with the determination of the judge, in a case and in the manner provided for in the law No.11 of 2012 and the Criminal Procedure Code, determine that the suspect or the accused may be detained. Because there is the term "may" be detained, the detention of children is not always meant to do, so in this case the investigator expected to strongly consider if the detention of children. According to Article 21 paragraph (1) Criminal Code

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

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